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(영문) 의정부지방법원고양지원 2019.05.15 2018가단88773
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. On April 1, 2011, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”).

B. Around April 11, 2011, the Defendant made a move-in report on the instant apartment, and has been residing in this case until now, and the Plaintiff and the Defendant maintained a de facto marriage from the first patrol officer to September 2016.

C. Around September 2016, the Plaintiff removed from the apartment of this case, and around March 2018, the Plaintiff demanded the Defendant to leave the apartment of this case as Cmerat.

The Defendant filed a lawsuit against the Plaintiff for consolation money and a claim for division of property (hereinafter “instant related lawsuit”) due to an unfair reversal of a de facto marital relationship under the jurisdiction of the District Court 2018ddan63775, and is currently pending in the lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 18 through 21 (including paper numbers; hereinafter the same shall apply), Eul evidence 1 to 9, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver the apartment of this case to the plaintiff as the owner, unless there are special circumstances.

3. Defendant’s assertion and judgment

A. The defendant's assertion was in a de facto marital relationship with the plaintiff, and the present lawsuit related to the apartment of this case is pending, and thus, he has the right to reside in the apartment of this case. Even if it is not so, the defendant did not compulsorily leave the plaintiff from the apartment of this case, does not oppose the plaintiff's residence of the apartment of this case, and the plaintiff's claim of this case that is responsible for the failure of de facto marriage constitutes a violation

B. Determination 1 de facto marital relationship exists on the basis of de facto relations and can be resolved by a party’s will, and the de facto marital relationship will be resolved if the facts of community life do not exist due to a reversal by a party, provided that justifiable reasons are justified.

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